Public interest litigation in service matters is not maintainable, except in the case of a writ of quo warranto. Government servants have the right to meet any person of their choice, and such meetings do not violate the Conduct Rules unless they involve participation in political activities.

Hemant Gupta, CJ.

The present petition in public interest is by a group of Advocates under the common name called ‘Democratic Lawyers Forum’, said to be engaged in protection and implementation of civil rights and rule of law in the State.

2. The petitioner claims that respondent Nos. 2, 3 and 4 are responsible to take action against respondent Nos. 7, 8 and 9; whereas respondent Nos. 5 and 6 are responsible to ensure free and fair elections; whereas respondent No.10 is responsible to take action for the violation of Rules and Laws made for the purpose.

3. The petitioner avers that schedule for conduct of elections to Municipal Corporation, Jabalpur was declared in December, 2014. There was contest amongst candidates belonging to Indian National Congress and the Bhartiya Janta Party for the post of Mayor. The allegation is that head of Rashtriya Swayam Sewak Sangh (hereinafter referred to as ‘RSS’) visited Jabalpur between 16.1.2015 to 19.1.2015, for promoting and campaigning for BJP candidate in the Municipal Elections, which was part of his tour in the State of Madhya Pradesh. The relevant averments in the writ petition read as under :-

“3.4 The Head of Rashtriya Swayam Sewak Sangh (RSS) a associate organization of BJP, a national political party, Mr. Mohan Bhagwat visited the city Jabalpur between 16th Jan to 19th Jan 2015 for promoting and campaigning the BJP candidates (Mayor and ward members) to win in Municipal Election. This visit was part of his tour in State of Madhya Pradesh.

3.5 The daily news papers and evening news papers published the shocking news on 19th and 20th Jan, 2015 stating that the Heads of Central Government Public Undertakings various administrative staff visited the circuit house/his place of stay and meet him for election purpose. This was the violation of Central Conduct Rules for Central Govt. Employees and as well the direction of Election Commission for fair and free election in the State. (Please refer the news papers dated 19.1.15 and 20.1.15 cumulatively as Annexure P-1).”

4. On the basis of such averments, the petitioner sought the following reliefs :-

“(1) To direct the respondents to enquire the matter and file the return with regarding this news;

(2) To direct the Respondent no 1 to 6 to inquire the matter and take action against the Respondent No 7 to 9.

(3) To direct the guidelines with regard to Gazette or non-gazette government officials may participate during election with post holders of RSS or any political party;

(4) To interpret whether the RSS organization which is associate organization to BJP can take part with Central Government employees during election to benefit certain political party or group or taken donations from them.

(5) To pass appropriate order for this illegal act by Respondent no 7 to 9 as required under the law and to take action in this regard.

(6) To issue a writ, order or direction in an appropriate nature to the respondents.

(7) To pass such other or further orders as this Hon’ble Court may deem fit and proper in the interest of justice.”

5. In support of the petition, the petitioner has attached copies of newspaper reports, a complaint by the Congress candidate through her agent – Shri Ravindra Kumar Gupta, who is the counsel for the petitioner, to Chief Election Commissioner; a notice Annexure P/3 given by Shri O.P. Yadav, Advocate, through whom the present petition has been filed and is supported by his affidavit. In the notice – Annexure P/3, issued on behalf of the petitioner, it is averred that many officials have met the Head of RSS in the office of RSS at Keshav Kutir and thus they have violated the Central Civil Services (Conduct) Rules, 1964 (hereinafter referred to as ‘Rules of 1964’). The relevant extract of Rule 5 read as under :-

“5. Taking part in politics and elections:

(1) No Government servant shall be a member of, or be otherwise associated with, any political party or any organization which takes part in politics nor shall he take part in, subsc